Medical Malpractice Lawyer in CA

Holding San Diego Medical Professionals Accountable

Patients have what is known as a "reasonable right" to expect good medical care from their doctors. Physicians must provide a reasonable standard of care—that is, they must make decisions that are medically justifiable and in the patients' best interests, based on what the doctor knows about the patient. If a nurse or doctor should have known about a particular symptom or condition, they are responsible for providing appropriate treatment.

However, the "standard of care" can be difficult to pin down. The law recognizes that medical situations call for difficult decisions with hard-to-predict results. As a result, the standard of care is slightly vague, allowing for various situations to have different needs. In order to assert that a doctor, nurse, or medical professional violated a reasonable standard of care, courts require a level of proof only possible through a complex investigation.

If you are the victim of a doctor’s negligence, contact The McClellan Firm today.

What Is Needed to Prove Medical Malpractice?

Due to the realities of practicing medicine, the law has made it purposefully difficult to prove negligence when it comes to medical treatment. Certain elements must be proven together, and within the one-year statute of limitations in California. Proving negligence without the representation of an experienced medical malpractice attorney would be virtually impossible—you need the knowledge and insight of a legal professional.

What you need to prove medical malpractice includes:

  • There was a doctor-patient relationship established;
  • The doctor was negligent or did not provide reasonable care;
  • The doctor's negligent treatment directly caused the patient harm; and
  • The patient has specific injuries and damages as a result of treatment.

Protecting the Victims of Severe Genetic Disorders

In recent times, a new form of medical malpractice has taken shape. These cases involve parents of disabled children with birth defects, or the children themselves. Known as wrongful birth / wrongful life, these particular malpractice cases are only heard in four U.S. states, California being one of them. In these cases, parents or their children will file suit against physicians for not informing them of their risk for having a child with a birth defect.

When it comes to having a child, parents today have more options than ever before to make informed decisions. Couples who are having a child can consult their doctors and use genetic testing to gauge their odds for having a healthy child. During pregnancy, further tests can identify health issues, allowing parents to consider their options with clarity. Some parents may only go forward with a pregnancy when they know their child is healthy.

During this time, parents not only put their own future in the doctor's hands—they put the future of their unborn child in their hands. If a child is born with a debilitating genetic disorder, the emotional, physical, and financial cost to the whole family can be devastating. Because couples have the reasonable right to trust their physician’s advice and treatment, the law may hold the doctor responsible for the child’s health costs.

Contact a San Diego Medical Malpractice Firm: (619) 215-1488

The McClellan Law Firm has more than 30 years of experience protecting the rights of injured clients all over Southern California, earning the respect of clients and colleagues. When you are seeking a medical negligence claim, you want an attorney that has a proven record of results. The McClellan Law Firm has achieved more than 120 $1 million settlements and verdicts in our career, so you can trust us with your case.

Our firm offers free case consultations, so we can help you determine the best step for you. Call now at (619) 215-1488.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the invitation-only group of the top 100 plaintiff trial lawyers in the United States

  • Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • Attorney McClellan has been selected to the list of the Best Lawyers in America every year since 1993.

  • Attorney McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business, Personal Injury, and Product Liability.

  • Attorney Craig McClellan earned one of the top 50 verdicts in California, securing a $15,771,234 verdict for a client seriously injured in a car accident.

  • Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • The firm earned a Tier 1 ranking in Commercial Litigation in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Personal Injury in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Product Liability in the 2019 list of the Best Law Firms.

  • Attorney McClellan has been named the Lawyer of the Year by the Best Lawyers in America in 2012, twice in 2014, and in 2019.

  • Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

  • Attorney Craig McClellan has been selected to the list of Super Lawyers every year since 2007.

Trusted Recommendations

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  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

  • I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial. A.D.

  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

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